Notifyre Acceptable Use of Service Policy

Our Commitment

Notifyre is committed to fighting global messaging fraud and spam communication, and through our systems, technology, people, and processes, we work tirelessly to prevent, identify, and block spam and fraud messaging across the services we provide. This policy is set to provide clear guidelines for customers in their acceptable use of our services.  

Our Policy

This policy applies to all users of Notifyre services. This policy does not replace nor cover all prohibited activities as covered by Notifyre Terms & Conditions.

When agreeing to the Terms and Conditions set out to use Notifyre services you agree to this Policy. The Services made available by Notifyre are to be used for permission-based and legitimate messaging purposes only.

Notifyre services cannot be used for the following purposes:  

• Messaging or other advertising that fails to comply with relevant legislation in your country, state or territory and/or industry mandates  
• Sending fax advertisements or other marketing messages without obtaining prior express written consent from the recipient, unless an established business relationship exists under applicable laws, and where the recipient has made their fax number publicly available for such purposes.
• Sending marketing or commercial faxes to fax numbers listed on federal Do Not Call lists or without confirming that the fax number has not been reassigned through the FCC's Reassigned Numbers Database (RND) or equivalent verification efforts.
• Sending commercial electronic SMS messages or fax documents without express consent and valid opt-out
• Sending messages to recipients who have unsubscribed
• Sending messages that attempt to falsify an identify or misrepresent a brand
• Sending or receiving messages containing inappropriate content, including but not limited to content that contains:  
  • sexual or pornographic material
  • promotes counterfeit goods
  • abusive, harassing, bullying, intimidation, racial discrimination, hate group paraphernalia, cruelty to animals, murder, self-harm, extortion or blackmail, sale or trade of endangered species
  • dangerous products or services, e.g. firearms (including fireworks)
  • alcohol, tobacco, or illegal drugs
  • gambling
• Sending messages with fraudulent information or phishing attempts

Notifyre may implement measures to monitor account usage to identify spam or potential fraudulent use of services through messages and/or misrepresentation of identity in messaging. In accordance with our Terms and Conditions, Notifyre may suspend access to Services without any notice where we identify services may be used or intended for use for unlawful purposes.  

Customers hold full responsibility for ensuring that all messages sent using Notifyre comply with relevant local laws as well as relevant laws of the message destination country. Failure to comply with any legal requirements, including sending messages classified as spam may result in send limitations, blocks, deactivation of services and/or significant fines and legal consequences. Customers engaging in marketing or commercial transmissions must obtain and maintain verifiable prior express written consent from each recipient, unless a lawful exemption applies (such as an existing business relationship and voluntary public availability of a fax number). Customers must retain documentation of such consent for a minimum of four (2) years and promptly provide such records to Notifyre upon request. Customers must also take commercially reasonable steps to confirm that phone and fax numbers have not been reassigned prior to transmission.

Notifyre may provide services and features to support users in their compliance obligations, however, the Customer is responsible for ensuring compliance measures are implemented and messages are monitored to meet the needs of relevant regulatory requirements.  

Regulatory Requirements

In addition to our Acceptable Use of Service Policy and Terms and Conditions, Notifyre customers must ensure compliance with the following legislation, regulations, and best practice guidelines. Whilst not limited to, these are some of the relevant legislations and resources to ensure compliance obligations against:  

United States of America: 
Fax Advertising and SMS Compliance 

• Telephone Consumer Protection Act (TCPA)
• Reassigned Number Database 
• Junk Fax Prevention Act and the FCC regulations governing unsolicited fax advertisements 
• 10DLC compliance, The Campaign Registry (TCR)  
• CAN-SPAM Act
• Do Not Call Registry 
• CTIA Messaging Principles & Best Practices

Australia: 
Fax Advertising and SMS Compliance

• Telecommunications (Fax Marketing) Industry Standard 2021
• Do Not Call Register Act 2006
• Spam Act 2003
• Sending SMS: A practical guide for messaging requirements can be found on the Australian Communications and Media Authority website.

New Zealand: 

• Unsolicited Electronic Messages Act 2007
• Compliant Electronic Marketing: Guidance for New Zealand Businesses

Customer Indemnification

Customers agree to indemnify, defend, and hold harmless Notifyre and its affiliates against any claims, damages, fines, costs, or expenses arising out of or related to their violation of this Acceptable Use of Service Policy, applicable communications laws (including but not limited to the Telephone Consumer Protection Act, Junk Fax Prevention Act, CAN-SPAM Act, and RND and DNC compliance requirements), or any misuse of the Notifyre Services.